Sofa Uddin vs The State Of Assam And Anr
2022 Latest Caselaw 3703 Gua

                                                                     Page No.# 1/2

GAHC010018312022




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


                                      I.A.(Crl.)/48/2022

             SOFA UDDIN
             S/O LATE ABDUL KADIR VILLAGE KHELMA PART VIII PS KATIGORAH
             DIST CACHAR
             ASSAM 788815


             VERSUS

             THE STATE OF ASSAM AND ANR
             REPRESENTED BY PP ASSAM

             2:SULEMAN UDDIN
             S/O LATE TASAR ALI RESIDENT OF KHELMA PART VIII PO GUMRAH BAZAR
              PS KATIGORAH
              DIST CACHAR
             ASSAM 788815
              ------------
             Advocate for : MR. L R MAZUMDER
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR




                                      BEFORE
                   HON'BLE MRS. JUSTICE MALASRI NANDI
                                       ORDER

21.09.2022 Heard the learned counsel for both the parties.

The petitioner has preferred this application under Section 389 of CrPC, for Page No.# 2/2

suspension of sentence against the Judgment and Order dated 20.12.2021, passed by the learned Additional Sessions Judge, Cachar (Special Judge), Cachar, Silchar, in Special (POCSO) Case No. 23 of 2018, whereby the learned Additional Sessions Judge has convicted the appellant under Sections 366/376 IPC, read with Section 4 of the POCSO Act, and sentenced him to undergo Rigorous Imprisonment for a period of 10 years with fine Rs. 10,000/-, in default, Simple Imprisonment for a period of 6 (six) months, for the offence under Section 4 of the POCSO Act and also to undergo Rigorous Imprisonment for 7 years with fine of Rs. 7,000/- and in default, further SI for three months for the offence under Section 366 IPC and both the sentences were directed to run concurrently.

Issue notice upon the respondent No. 2, by registered post with A/D as well as by usual process, returnable within 6 (six) weeks.

Steps be taken within a week from today.

Learned counsel for the respondent No. 1, prays for some time to file objection against the prayer for suspension of sentence.

Prayer is allowed.

List the matter accordingly, after the ensuing Puja vacation.

JUDGE

Comparing Assistant